(a) Any sexually oriented business lawfully operating at the time of the enactment of this Chapter that is in violation of 730.03 shall be deemed a nonconforming use. A nonconforming use may continue for one year, and may be extended by the Planning Commission upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses may not be increased, enlarged, extended or altered unless to a conforming use. Where two or more sexually oriented businesses are operating in a permissible area, the first business to have been established and continually operating is the conforming use.
(b) A sexually oriented business lawfully operating as a conforming use is not rendered nonconforming by the subsequent location of a protected use within 750 feet of the sexually oriented business. This subsection does not apply to a business whose permit and/or license has expired or been revoked.
(c) Any establishment subject to the provisions of this Chapter shall apply for a permit as provided under 730.06 within thirty days of the effective date of this chapter.
(Ord. 97-12CD. Passed 4-1-97.)